1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Summary of the plaintiff (appointed party)'s assertion

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are sectional owners of Ctel located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant aggregate building”) and the Defendant is elected as the manager of the instant aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”).

B. Article 8 subparag. 7 of the Enforcement Decree of the Act on the Ownership and Management of Aggregate Buildings provides that "no person who has failed to pay the allotment to be paid every month to the management body for three consecutive months shall become a member of the management body." Article 24(5) of the Act on the Ownership and Management of Aggregate Buildings provides that "any sectional owner may file a claim with the court for dismissal of the manager in cases where the manager has committed any unlawful act or any other reason inappropriate for performing his/her duties." Article 28 subparag. 9 of the management rules of the management body of the aggregate building of this case provides that "no person who has any reason inappropriate for the management body to perform his

C. However, from May 2012 to September 2015, the Defendant failed to pay management expenses of KRW 53,192,976 for three years from around May 2012, the Defendant dismissed the head of the management office without justifiable grounds when the head of the management office notified the Defendant of the payment of management expenses. In addition, the Defendant committed unlawful acts, such as entering into a management consignment agreement with a specific service company at will without undergoing the procedures such as public notice of convening a general meeting.

As such, the defendant is subject to dismissal under Article 24 (5) of the Aggregate Buildings Act and Article 28 (9) of the Management Rules. Thus, the plaintiff seeks to dismiss the defendant as a sectional owner of the aggregate building of this case from the manager of the building of this case.

2. The lawsuit for dismissal of an administrator under Article 24(5) of the Act on the Ownership and Management of Aggregate Buildings is a formative action to resolve legal relations between the management body and the manager.